1.1. Electricity Contract – a contract for the sale and purchase of electricity;
1.2. Electricity Seller –a seller of electricity licensed to operate on the territory of the Republic of Estonia;
1.3. Energy Portal – the totality of all of the internet files accessed through the domains and sub-domains of energiaturg.ee, including photos and php or html files;
1.4. Energiaturg – ENERGIATURG OÜ (Commercial Register code: 12253383, address: Tartu mnt 84a-M302, 10112 Tallinn, website: www.energiaturg.ee);
1.5. User – any person using the Energy Portal;
1.6. Conditions of Use – these conditions set out by Energiaturg for the use of the Energy Portal and the principles of data protection published on the Energy Portal (accessible at http://energiaturg.ee/ettevottest/kasutustingimused/) and additional conditions and directions for other services, which cover both consumers and any other visitors to the Energy Portal, including Electricity Sellers, except in cases where the provisions of the Conditions of Use apply only to the consumer and their use cannot be transferred to or authorised by any other party;
1.7. Service Contract – a contract signed between Energiaturg and the User for the use of the Services;
1.8. Services – all the services supplied by Energiaturg to the User through the Energy Portal. A User registered to use the Energy Portal can apply for price quotes from Electricity Sellers, compare offers from Electricity Sellers, and sign and terminate Electricity Contracts with Electricity Sellers.
2. GENERAL CONDITIONS
2.1. Energiaturg is an entity that is independent of all Electricity Sellers and that allows Users to see the offers from Electricity Sellers, compare them quickly and simply and then sign an Electricity Contract with any chosen Electricity Seller that has an agreement with Energiaturg.
2.2. Energiaturg assists in the signing of Electricity Contracts and helps Users sign Electricity Contracts in accordance with the Service Contract signed between the Energy Portal and the User and with the law. Energiaturg directs Users to the types and levels of Service that will allow the User to gain sufficient objective information on the offers of Electricity Sellers and the conditions of Electricity Contracts to be able to take economically rational decisions about where to purchase electricity.
2.3. Energiaturg allows Electricity Sellers who have an agreement with Energiaturg to make their offers available and comparable through the Energy Portal and permit the signing and termination of Electricity Contracts.
2.4. Energiaturg works with Electricity Sellers who work within the legal requirements and who have agreed to abide by the Conditions of Use of the Energy Portal. By signing agreements with Energiaturg, Electricity Sellers guarantee their price packages, offers and contract conditions to Users and their thoroughness, punctuality and clarity.
2.5. Energiaturg may also publish price information in the Energy Portal about Electricity Sellers who have not signed an agreement with Energiaturg, but in this case the data published in the Energy Portal are taken from publicly available sources like the websites of Electricity Sellers, and Energiaturg cannot guarantee to Users whether the information is up to date, comprehensive or accurate.
3. MAIN CONDITIONS OF USE FOR THE ENERGY PORTAL
3.1. Any person starting to use the Energy Portal confirms their acceptance of the Conditions of Use and agrees to use the Energy Portal in accordance with the Conditions of Use. Use of any item contained in the Energy Portal in any way whatsoever, including use of the Services, shall be considered as use of the Energy Portal. Users may use the Energy Portal for getting information on prices, offers and conditions of sale for electricity, and for the non-commercial distribution of such information; for signing and terminating Electricity Contracts; for submitting and reviewing their personal data; for researching the data held in the data warehouse managed by Elering AS on their place of consumption and their consumption levels; for signing Service Contracts; and for other end-consumer functions for which similar portals and sites are usually used. No person is permitted to use any part of the Energy Portal for which they do not accept the Conditions of Use.
3.2. A Service Contract is signed and enters into force immediately the User starts to use the Energy Portal or when at least one of the following events occurs, if the User and Energiaturg have not agreed otherwise in writing:
3.2.1. The User uses some Service through the Energy Portal;
3.2.2. The User logs in to the Energy Portal for the first time using Mobile ID, through an internet bank or with an ID card;
3.2.3. The User receives confirmation that their account in the Energy Portal has been activated.
3.3. These Conditions of Use make up the terms of the Service Contract. By signing the Service Contract the User also gives acceptance of the Conditions of Use. If the User does not accept the Conditions of Use, they lose the right to use the Energy Portal.
3.4. The User is obliged:
3.4.1. to read the Conditions of Use thoroughly;
3.4.2. to use the Energy Portal in accordance with the Conditions of Use, the guidelines published in the Energy Portal, the law, and general good practice, and to use it for the purposes that similar portals are used.
3.5. Energiaturg may set separate additional conditions for individual Services provided by Energiaturg that are part of the Conditions of Use. A User who does not accept the additional conditions of a Service loses the right to use that service.
3.6. Use of the Energy Portal is permitted only through general purpose web browsers such as Firefox, Internet Explorer, Opera or Chrome. It is not permitted to use the Energy Portal with programs that send automatic requests for any purpose whatsoever, unless Energiaturg has given its express permission for this. Other activities that may interrupt the operation of the Energy Portal, including the overloading of the website and the servers area also forbidden.
3.7. A User who wants to use the Energy Portal in a different way or for a different purpose than is foreseen in the Conditions of Use must first obtain written approval from Energiaturg for such use. Use of the Energy Portal in contradiction of the Conditions of Use or in ways not described in the Conditions of use without prior written agreement from Energiaturg is forbidden.
3.8. Users have the right to grant permission to use the Energy Portal to a representative, for example a legal person granting permission to an employee or Users with joint rights granting permission to one named person, if the representative is registered as a User with Energiaturg and submits the representation form. The representative must use the Energy Portal in accordance with the Conditions of Use. This permission has no time limit. The permission ends when the User withdraws the permission from the Energy Portal or informs Energiaturg of this withdrawal in another manner. A User who uses a Service through a representative or acts as a representative of another person when using Services is responsible making sure that all the appropriate rights and permissions have been obtained and that this can be proved at the request of Energiaturg.
3.9. To sign a Service Contract the User must be at least 18 years old and able to understand and control their actions fully. A User who does not meet these conditions may only sign a Service Contract with the prior written consent or later approval of a legal guardian. If there is no agreement or approval from a legal guardian, Energiaturg has the right to cease provision of Services to the User immediately.
3.10. Questions, complaints, proposals and applications relating to the Energy Portal should be addressed by email to email@example.com. Emails from Users will be considered to have been received when an answer or a confirmation of receipt is sent from the same email address. If it is not possible to send questions, complaints, proposals or applications by email, then they may be send by post to Tartu mnt 84a-M302, 10112 Tallinn. In this case, letters will be considered to have been received under the circumstances defined in the civil code.
3.11. The User is responsible for any damage caused to Energiaturg by breach of the Conditions of Use or other unlawful use.
4. RIGHTS OF THE USER
4.1. Users have the right to visit the public web pages of the Energy Portal without logging in, and to use the accessible Services on the public website for free.
4.2. Users who have registered have the right:
4.2.1. to use the secure log in for the Energy Portal;
4.2.2. to use all the Services provided by Energiaturg through the Energy Portal to Users
4.2.3. to see the data held by Energiaturg on the User in the Energy Portal;
4.2.4. to request that the Energy Portal cease processing their data, to end access to their data or to delete the collected data if the Personal Data Protection Act or any other law gives them this right.
4.2.5. to give permission to a representative to use the Services of their user account;
4.2.6. to decline to receive offers from Electricity Sellers through the Energy Portal if they have not made a price request;
4.2.7. to choose what information and which offers to receive through the Energy Portal;
4.2.8. to give feedback about Services offered through the Energy Portal and answer questionnaires from Energiaturg, including questions giving an opinion on Electricity Sellers and their offers.
5. CREATING, USING AND CLOSING A USER ACCOUNT
5.1. A User who wants to use all the Services in the Energy Portal will need to create a user account to do so.
5.2. To create a user account, the User will need to confirm acceptance of the Conditions of Use by ticking the box for this during the registration process. If desired, the User may submit additional data about themselves through the Energy Portal. If the User wants to sign an electricity contract or conduct other transactions through the Energy Portal with any third party, then they must submit the additional required data in the Energy Portal questionnaire, give the agreements and permissions required for the provision of Services, and choose the settings for receiving information and other offers.
5.3. The User accepts and agrees that becoming a user of the Energy Portal means signing an open-ended Service Contract with the Energy Portal.
5.4. During registration with the Energy Portal, Energiaturg may give the User, among other rights, a personal user account for the Energy Portal and the username and password needed to enter it. The username and password can be used for logging in as a User in the portal using Mobile ID or an ID Card or through a secure bank website or other means, and will be sent to the email address given by the User. The User must keep the username and password needed for entry to the Energy Portal secret in such a way that no other party can discover them, unless the User has given permission to another party to use the username and password in order to access Services. The User must inform Energiaturg at once if the username or password are lost or fall into the possession of another party.
5.5. Energiaturg may request that the User confirm identification using an ID Card, Mobile ID or a secure bank website in order to access certain Services. If the User wishes to sign an application or confirmation that can entail legal consequences, Energiaturg may require the User to sign using an ID Card, Mobile ID or a secure bank website.
5.6. There is no time limit on the User’s user account in the Energy Portal. A User who no longer wishes to use the Services of the Energy Portal may close the user account. This can be done by clicking on the field intended for that purpose that Energiaturg has created to allow account closing through the user interface, or by applying directly to Energiaturg by email at firstname.lastname@example.org.
6. AGREEMENTS AND PERMISSIONS
6.1. Energiaturg provides Services to the User only if the User has stated a desire to receive such Services or has agreed to receive them
6.2. By accepting the Conditions of Use and signing the Service Contract, the User agrees that Energiaturg’s operating partner Suletud Ring OÜ (Commercial Register code: 12378413) may search for the User’s consumption data in the database platform operated by the Elering AS data warehouse at http://andmeladu.elering.ee/consumer/home. The agreement of the User gives Suletud Ring OÜ the right:
6.2.1. to make searches in the database concerning the User’s place of consumption and consumption data, and to display the results for these to the User in the Energy Portal only for the purpose of providing the Services that the User wishes, for example requesting an offer to the User from an Electricity Seller or signing a contract. The agreement can be confirmed by logging in to the user account in the Energy Portal if at least 30 days have passed since the previous log in. The User has the right to withdraw this agreement at any time by informing Energiaturg of this decision by email to email@example.com requesting that processing of the User’s data cease and that all collected data be deleted.
6.2.2. to make an automatic request once a month to the data warehouse for consumption data for that month about the User’s place of consumption, and to present the results of such requests in the Energy Portal to Energiaturg to confirm the amounts of electricity consumed under an electricity contract signed in the Energy Portal.
6.3. By registering as a user with the Energy Portal the User gives Energiaturg the open-ended right to make all necessary information searches from third parties on behalf of the User in order to provide Services to the User if the User has agreed to this in advance, for example by searching the data exchange platform for the User’s metering and metering point data, requesting the User’s metering and metering point data from the network operator or checking the User’s representation rights in the Commercial Register.
6.4. The User gives Energiaturg the open-ended right to process data from the User or from third parties in the Energy Portal in order to provide Services to the User in accordance with the Conditions of Use.
6.5. By signing the Service Contract, the User gives open-ended permission to Energiaturg to represent the User to whichever third party may be necessary for the purposes of carrying out the tasks using the rights listed in points 6.2-6.4. The User agrees to confirm where necessary to third parties that this right has been given to the appropriate extent to Energiaturg and to give Energiaturg additional permissions if required.
6.6. Agreements and permissions given by the User to Energiaturg remain in force until they are specifically cancelled.
6.7. Energiaturg confirms that it will only make requests to third parties on behalf of and for the benefit of the User, process data received from the User and from third parties and represent the User to third parties through the Energy Portal in order to provide the Services requested by the User.
7. ENERGIATURG’S RECOMMENDATIONS
7.1. Energiaturg makes it possible for the User to sign Electricity Contracts that Energiaturg considers are the best for the User. Energiaturg does this by using the data submitted by the User, searches of third parties and the best-priced offers from Electricity Sellers.
7.2. Energiaturg enables the User to chose and sign a contract with any Electricity Seller that has an agreement with Energiaturg, regardless of whether it is the best offer provided by Energiaturg or whether the User has chosen a different package. Energiaturg is not responsible if the User chooses an offer that Energiaturg considers is not the best available.
7.3. Energiaturg is obliged to assist the User in using the Energy Portal. A User who needs further details must inform Energiaturg of this before choosing the suggested Electricity Seller. If the User chooses the Electricity Seller recommended by Energiaturg and makes a price request in order to agree a package, or accepts a package, and thus signs an Electricity Contract, it is understood that the User did not need any further details from Energiaturg.
8. SIGNING AN ELECTRICITY CONTRACT
8.1. Information provided by Energiaturg through the Energy Portal about the electricity market, electricity prices, offers or Electricity Contracts is purely for informative purposes and does not constitute an offer from an Electricity Seller to sign a contract unless otherwise stated.
8.2. Energiaturg shows the options for signing Electricity Contracts based on information submitted by the User, information received from searches, offers submitted by Electricity Sellers and independent analysis, and lets Electricity Sellers who have an agreement with Energiaturg sign Electricity Contracts through the Energy Portal.
8.3. The User understands that the chance to sign an Electricity Contract through the Energy Portal is provided by Energiaturg in partnership with Electricity Sellers. Energiaturg is aware of the risk of conflicts of interest and in order to avoid such conflicts of interest and to ensure its independence from the Electricity Sellers it has signed partnership agreements with the Electricity Sellers under which the Electricity Sellers guarantee not to endanger the independence of Energiaturg in any way whatsoever.
8.4. Energiaturg does not represent the User in the signing of an Electricity Contract, meaning that Energiaturg cannot sign an Electricity Contract with an Electricity Seller on behalf of or with the permission of the User. Energiaturg can advise the User, but the User chooses the Electricity Seller with whom to sign an Electricity Contract at the risk of the User alone. Electricity Contracts signed in the Energy Portal are signed between the User and the Electricity Seller. Energiaturg is not a party to the Electricity Contract.
8.5. If the User wishes to sign an Electricity Contract through the Energy Portal with an Electricity Seller who is a partner of Energiaturg, then it can be done as follows:
8.5.1. The electricity price package or personal offer proposed by the Electricity Seller is shown to the User using the User’s consumption data from the data warehouse;
8.5.2. If the User accepts the offer, the Electricity Contract between the User and the Electricity Seller is signed. If the User does not respond to the Electricity Seller’s offer or rejects the offer, the Electricity Contract is not signed. If there is no reaction from the User, this is taken to constitute a rejection. If the User puts questions about an offer this does not affect the validity of the offer. The User has the right to accept or reject the package offered until 24.00 on the last day that the offer is valid.
8.5.3. Once the Electricity Contract has been signed, the User will receive notice through the Energy Portal that the Electricity Contract with the previous Electricity Seller has been terminated, unless the new contract is the first one to be signed for a place of consumption. The previous Electricity Contract ends at the time stated in either the Electricity Contract or the law.
8.5.4. The new Electricity Seller informs the User of the starting date for the sale of electricity under the new Electricity Contract.
8.5.5. If the User does not request otherwise, the change of Electricity Seller takes place in such a way that the open supply chain is not interrupted
8.6. The change of Electricity Seller may take 1-2 months and as a rule happens when the calendar month changes if not stated otherwise by law.
8.7. The deadline for the offer is the end of its period of validity. Personal offers made to the User through the Energy Portal are valid until the date set by the Electricity Seller. Automatic offers published in the Energy Portal are valid until they are updated each day at 00.00.
8.8. The User may put questions to an Electricity Seller about an offer made by that seller at any time. The Electricity Seller must respond to the User’s questions within a reasonable time. If the User wants the Electricity Seller to answer a question about a particular offer while the offer is still valid, the question must be submitted in enough time that the Electricity Seller is able to answer it before the offer ceases to apply.
8.9. Energiaturg would like to remind Users that Electricity Contracts that may be signed contain terms and conditions that are agreed between the Electricity Seller and the User, including the standard terms and conditions of the Electricity Contract if the Electricity Seller has such terms and conditions. Neither the Conditions of Use nor any other Service Contract terms and conditions apply to the Electricity Contract.
8.10. Users have the right to inform Energiaturg if an Electricity Seller does not abide by a contract signed in the Energy Portal with the assistance of Energiaturg or if the Electricity Seller acts in the Energy Portal in a way that is not in accordance with the Conditions of Use or the law.
9. MAIN RESTRICTIONS ON THE USE OF THE ENERGY PORTAL
9.1. The Energy Portal may not be used in any way that breaks the law or may lead to any breach of the law. Information entered into the Energy Portal may not be in contradiction of the Conditions of Use or the law.
9.2. It is the responsibility of a User submitting an application or data to Energiaturg to ensure that those data are accurate, correct, complete and in accordance with the legal requirements. A User who uses an ID card, internet bank link or mobile ID for authentication or for signing statements of intent or confirmations must observe all the security requirements and recommendations of the developer and manager of that service.
9.3. Users may not use the Energy Portal for sending advertising or any other commercial information to other users without the express written permission of Energiaturg.
9.4. Information and data revealed by the User and email messages sent to Energiaturg or other users must not contain viruses or other computer programs or files that could in some way harm the ordinary running of the Energy Portal or that are able to download themselves into the computers of Users of the Energy Portal and disturb or harm the ordinary functioning of the Energy Portal or the computers of Users.
9.5. It is not permitted to load data into the Energy Portal that is not relevant to the portal.
9.6. Users must keep secret the personal data and other confidential information given by the Energy Portal for the purpose of using the portal, including the identity of other Users, unless disclosure is required by law or is with the consent of the person concerned.
9.7. Energiaturg has the right to inspect information uploaded to the Energy Portal by the User and the User’s transactions on the Energy Portal.
9.8. Energiaturg has no obligation to monitor the activities of Users or the information that Users transmit through the Energy Portal, or save or record in computer memories, nor to search for facts or circumstances that would give evidence of illegal activity. However, it is obliged to pass information to the public authorities if they request it that could identify Users with whom Energiaturg has signed a Services Contract.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. The Energy Portal, the content accessible through it and the information systems needed to make it function, including the databases and software, business names, trademarks, business secrets, and domain names, are and may be protected by intellectual property rights held by Energiaturg, the User or a third party. The User has the legal right to use the Energy Portal and components of it in the same way as any other similar portal as far as they have been made available to the User.
10.2. Energiaturg has ownership of all the intellectual property rights relating to the Energy Portal including the general structure of the Energy Portal, web design elements, texts and other components of the Energy Portal and the intellectual property rights associated with them, which may include trademarks, logos, brands, software, databases, news, messages, texts, graphics, music and other design elements, unless any component is noted as being under the rights of another party.
10.3. Without the prior written permission of Energiaturg, the User may not change, reproduce, distribute, process, translate, take extracts from or transmit the Energy Portal or any component of it, nor load it into another database or make it publicly available or use it in any way that would usually be restricted for any similar portal of the same type. The User equally does not have the right to give a sub-licence for the use of the Energy Portal or any of its components, nor to create new intellectual property from them. Using the intellectual property related to the Energy Portal without advance written permission from Energiaturg is illegal and will be dealt with in the legally appropriate manner
10.4. The User confirms awareness of Energiaturg’s intellectual property rights concerning the Energy Portal and agrees not to breach the rights of Energiaturg or to allow other parties related to the User to breach those rights.
11. QUALITY AND AVAILABILITY OF SERVICES
11.1. Energiaturg constantly updates the mechanisms underpinning the functioning of the Energy Portal in order to offer high quality Services to Users. Energiaturg has the right to replace, upgrade, delete or otherwise change or update the Energy Portal and its components at any time at its own discretion, and also to change the requirements for the hardware and software needed to use the Energy Portal and the Services provided through it.
11.2. The User accepts that Energiaturg has the right to change the form and nature of the Services and the information on them in the Energy Portal without prior warning, for example by updating price packages for electricity, or adding or removing Electricity Sellers in the Energy Portal.
11.3. Energiaturg may temporarily suspend access to the Energy Portal if this is necessary for changes, maintenance or upgrading of the Energy Portal or for replacement, alteration or maintenance work by third parties, or in other cases resulting from the law or a decision of the authorities. Energiaturg will inform Users of regular maintenance work through the Energy Portal at least two (2) working days in advance.
11.4. Energiaturg has the right to close the Energy Portal down.
11.5. Energiaturg is not responsible for any impact on the functioning and accessibility of the Services caused by errors and omissions arising from the use of third-party systems like the websites and databases of Electricity Sellers or the data exchange platform of Elering AS.
12. ENERGIATURG’S RECOURSE TO LAW
12.1. If the User breaches the Conditions of Use, the Service Contract, the best practice followed in the Energy Portal, or the law, then Energiaturg has the right temporarily to:
12.1.1. restrict the User’s usage rights within the Energy Portal;
12.1.2. block the User’s personal user account in the Energy Portal;
12.1.3. prevent the User’s IP address from accessing the Energy Portal.
12.2. If the User repeatedly and significantly breaches the Conditions of Use, the Service Contract, the best practice followed in the Energy Portal, or the law, then Energiaturg has the right to:
12.2.1. ban the User from using the affected Service;
12.2.2. delete the User’s personal user account from the Energy Portal;
12.2.3. prevent the User’s IP address from accessing the Energy Portal.
12.3. If the User is using the Energy Portal as an authorised representative and breaches the Conditions of Use, the Service Contract, the best practice followed in the Energy Portal, or the law, then Energiaturg has the right to take legal action against one, several or all such representatives.
12.4. If it becomes clear to Energiaturg or if Energiaturg receives a complaint that the information submitted to Energiaturg by the User is in breach of the Conditions of Use or the law, then Energiaturg has the right:
12.4.1. to change or delete the inappropriate information or part of it, if it is clear that it does not accord with the Conditions of Use or the law;
12.4.2. remove the information temporarily from the Energy Portal or prevent access to it without deleting it.
12.5. Energiaturg may act on a complaint from the Energy Portal to return deleted information to the portal or re-allow access to it if Energiaturg receives convincing proof that the information is in accordance with the Conditions of Use and the law.
12.6. Energiaturg has the right to prevent access to the Energy Portal to any person who is using the portal without the agreement of Energiaturg in a way or for a purpose other than those covered in the Conditions of Use.
12.7. If Energiaturg takes legal action, then the User may lose access to the Services, to the data or other files of the User’s account or to other information contained in the user account.
13. ENERGIATURG’S RESPONSIBILITIES
13.1. Energiaturg does not monitor the accuracy of information added by Users nor take any responsibility for its accuracy.
13.1. Energiaturg does not take any responsibility for the accuracy and completeness of information sent by third parties, including the network operators, the Elering AS data exchange platform, Electricity Sellers or the Commercial Register, if Energiaturg transmits or publishes it in the Energy Portal in the same form that it was sent or otherwise made available to Energiaturg.
13.3. A User who becomes aware of inaccuracy in the information in the Energy Portal should inform Energiaturg of this at the first possible opportunity.
13.4. Energiaturg is not responsible for any inaccurate information contained in the Energy Portal nor for any acts committed or in progress through the portal nor for their consequences if it is not aware of such information, acts or consequences, or if it has taken active measures to correct the information, end the illegal activity or resolve the consequences.
13.5. Energiaturg is not responsible for any loss or damage caused to the User or to third parties by Energiaturg taking legal measures to protect itself, such as removing information from the Energy Portal or preventing access to it, or limiting the rights of the User or blocking the User’s access to a user account or to the Energy Portal, if such action if a necessary response to a complaint about a User’s activities, if Energiaturg suspects that impermissible activity has taken place, or if information or the User’s actions are in direct breach of the Conditions of Use or the law. In such cases Energiaturg bears no responsibility for any loss or damage even if it turns out that the complaint was unjustified or if it later turns out that no breach of the Conditions of Use or the law had actually taken place.
13.6. Energiaturg is not responsible if the User submits inaccurate information to the Energy Portal or if a search of third parties or databases gives Energiaturg inaccurate information about the User, and as a result Energiaturg presents inaccurate information to the User or to an Electricity Seller.
13.7. Energiaturg is not responsible for how Electricity Sellers execute Electricity Contracts, for the quality or quantity of energy products and services offered by Electricity Sellers, for limits on the activity of Electricity Sellers, for the source of the electricity sold, nor for the legality or otherwise of the activities of Electricity Sellers. Despite this, Energiaturg does everything it can to monitor Electricity Sellers and the reliability of their offers and activities, and to ensure the completeness, clarity and comparability of information published in the Energy Portal.
13.8. Energiaturg is not responsible for temporary interruptions to Services or any part of them if the interruption occurs as part of maintenance work about which the User has had prior notice.
13.9. Energiaturg is not responsible for the non-functioning of Services or for other faults that are caused by force majeure. Force majeure is any unforeseen event beyond the control of Energiaturg or the User and over which they have no power, such as fire, explosion, natural disaster, war, or decisions by government or other ruling bodies, and also interruptions to internet connections, technical barriers to payment services through bank transactions or credit card payments, or to registers like the network operator’s databases or the data warehouse.
13.10. Energiaturg is responsible for direct material damage caused to the User by Energiaturg’s failure to fulfil its obligations. This responsibility does not extend to other damage or to loss of income.
13.11. Energiaturg is not responsible for resolving disputes between the User and the Electricity Seller, though it does give the parties the chance to find a settlement out of court through the mediation of Energiaturg.
14. RESOLUTION OF DISPUTES
14.1. A User who is dissatisfied with the actions of Energiaturg has the right to make a complaint to Energiaturg. Energiaturg will make every effort to resolve disputes through negotiation.
14.2. If it is not possible to resolve a dispute through negotiation, then the dispute will be brought to court, which will be the Harju County Court for legal persons.
15. FINAL PROVISIONS
15.1. The legal relations between Energiaturg and the User created by the use of the Energy Portal are governed by the law of the Republic of Estonia.
15.2. If some point of the Conditions of Use becomes inapplicable because it is in contradiction of the law, then this does not affect the validity of the other points.
15.3. Energiaturg may add further conditions for particular Services, and these additional conditions are accessible through the same web page as the Conditions of Use or separately through the web page covering the particular Service, and these additional conditions are an inseparable part of the Conditions of Use.
15.4. Communications between Energiaturg and the User will be conducted in Estonian unless otherwise agreed. The Conditions of Use, electricity contracts, Service Contracts and other Energiaturg documents are written in Estonian. Energiaturg makes a translation of these documents available in English and Russian available to Users in order to facilitate understanding of the conditions. If there is a discrepancy between the Estonian version and the translation, the Estonian version shall take precedence.
15.5. The Service Contract signed between Energiaturg and the User for the use of the Energy Portal has no time limit. The parties have the right to withdraw from or cancel the Service Contract on the grounds and following the procedures defined in the Law of Obligations Act and the Conditions of Use.
15.6. The User may terminate the Service Contract at any time. A User who is a physical person has the right to withdraw from the Service Contract within fourteen days of signing the Service Contract. In this case the User’s user account is closed.
15.7. Energiaturg has the right to change the Conditions of Use unilaterally in response to the development of the Services or the Energy Portal. Energiaturg may change the Conditions of Use if the change is provoked by a change in the law or in other rules that are binding on Energiaturg or in the interpretation of them; or by the adoption of new Services or the amendment or termination of the current provision of Services; or by continuous complaints from Users; or by a court decision or administrative act that obliges changes to be made to the Conditions of Use by Energiaturg; or by the need to enhance protection of personal or consumption data; or by changes in the work organisation of Energiaturg; or by technological developments that allow the operation of the Energy Portal or the quality and security of the Services to be improved; or by other unforeseen circumstances that Energiaturg was not able to consider at the time the Conditions of Use were written. Energiaturg will inform Users of changes to the Conditions of Use through the Energy Portal at least two weeks before the new Conditions of Use come into force. Users are not individually informed of changes to the Conditions of Use if they have not specifically requested such information. If the User does not accept these changes, the User has the right to terminate the Service Contract within two weeks following the application of the change. If the User continues to use the Energy Portal and the Services after these two weeks, then it is considered that the changes to the Conditions of Use have been accepted.